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  • Mongeon et al. v. Posey et al.

    Publication Date: 2023-04-03
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Bryan Knight, (Knight Johnson LLC), Atlanta, Nicholas Sears, (Knight Palmer, LLC), Atlanta, for appellant.
    for defendant: James Craig, (Campbell & Brannon, LLC), Atlanta, Jon David Huffman, (Poole Huffman, LLC), Tucker, for appellee.
    Case Number: A22A1218

    Court affirms denial of adverse possession claims as to certain elements but reverses as to others that satisfied the 20-year requirement of OCGA §44-5-161

  • Georgia Department of Transportation v. White

    Publication Date: 2023-03-28
    Practice Area: Land Use and Planning
    Industry: Consulting | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Julie Jacobs, Christopher Carr, (Attorney General), Atlanta, Alkesh Patel, Zachary Johnson, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: William White, (Smith, Welch, Webb & White), McDonough, for appellee.
    Case Number: A22A1198

    Court reverses summary judgment order that had been in favor of an applicant whose construction permit application was denied and remands the matter to the trial court

  • Overlook Gardens Properties, LLC et al. v. Orix, USA, LP et al.

    Publication Date: 2023-03-21
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Neal Callahan, Clarence Mullin, (Waldrep, Mullins & Callahan), Columbus, Charles Gower, (Attorney at Law), Columbus, Patrick Fagan, Michael Terry, Frank Lowrey, (Bondurant, Mixson & Elmore), Atlanta, Miranda Brash, Shaun O’Hara, (Charles A. Gower PC), Columbus, for appellant.
    for defendant: Philip Green, W. Persons, Thaddeus Wilson, Valentin Leppert, (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A22A1627

    Loan Expediter Did Not Breach Promise to Exercise Good Faith in Obtaining Best Available Interest Rates For Real Estate Developer

  • Chatel v. Carroll

    Publication Date: 2023-03-09
    Practice Area: Dispute Resolution | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brad MacDonald, (Hill/MacDonald, LLC), Marietta, for appellant.
    for defendant: Amy Waggoner, Andrea Hastings, Malihe Shadmehry, (Waggoner Hastings, LLC), Alpharetta, for appellee; Christine Stadler, (Attorney at Law), Sandy Springs, for Amicus Appellee.
    Case Number: A22A1336

    Trial Court Impermissibly Modified Terms of Divorce Settlement Agreement

  • In the Interest of C. E. Jr., a Child

    Publication Date: 2023-03-07
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jennifer Wittich, (The Law Office of Jennifer Wittich), Pooler, for appellant.
    for defendant: Leo Beckmann, Wendy Furey, (Beckmann & Furey, LLP), Savannah, Christopher Carr, Shalen Nelson, Mark Cicero, (Attorney General), Atlanta, for appellee; Charles Loncon, (C. V. Loncon, PC), Savannah, Evan Miller, Savannah, for other party.
    Case Number: A22A1237

    Court affirms finding of dependency of a minor child over his mother's objections to evidence and procedures in juvenile court

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  • ABM Aviation v. Prince

    Publication Date: 2023-03-06
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Yamisi James, Roger Harris, (Swift, Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Rachel Deloach-Bukle, (Monge & Associates), Atlanta, for appellee.
    Case Number: A22A1566

    Court affirms denial of summary judgment on a respondeat superior claim as to an employer's liability but reverses as to denial of judgment on direct negligence claims

  • Ewing et al. v. Scott

    Publication Date: 2023-02-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant.
    for defendant: Kevin Moore, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A1382

    In a declaratory judgment action regarding a trust, the court affirmed the denial of equitable relief, vacated a denial of fees, and reversed on an issue of who is a beneficiary

  • Pittman v. The State

    Publication Date: 2023-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, Samuel Sliger, (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: James Smith, (District Attorney), Jefferson, Hannah Hensley, (District Attorney’s Office, Piedmont Judicial Circuit), Homer, for appellee.
    Case Number: A22A1247

    Court affirms that a trial court can impose a more severe sentence on resentencing when an original sentence is null and void, but must do so in open court.

  • Daggy v. Daggy

    Publication Date: 2023-01-19
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Crystal Wright, (Crystal Wright Law, LLC), Atlanta, for appellant.
    for defendant: Emily Carr, (The Carr Law Group), Clevland, William King, (The Manely Firm, P.C.), Marietta, Renee' Richardson, Loganville, for appellee.
    Case Number: A22A1305

    In a divorce case, court reverses child custody order that exceeded a petitioner's request and vacates and remands a fee award for findings of facts and a legal basis

  • City of Winder v. Barrow County

    Publication Date: 2022-11-28
    Practice Area: Public Utilities | Regulation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Grant McBride, Andrew Welch, (Smith, Welch, Webb & White), McDonough, John Stell, (Stell, Smith & Mattison, P.C.), Winder, Brandon Palmer, (Smith, Welch, Webb & White), Peachtree City, for appellant.
    for defendant: Angela Davis, Gregory Meyer, (Jarrard & Davis, LLP), Cumming, for appellee; Ernest Bennett (Carothers & Mitchell, LLC), Buford, Kenneth Lewis, (Lewis & Murphy, LLP), Winder, Walter Elliott, (Elliott, Blackburn & Gooding, P.C.), Valdosta, Jody Campbell, (Blum & Campbell, LLC), Peachtree Corners, Gregory Jay, (Chandler, Britt & Jay, LLC), Buford, Robert Wilson, (Robert Jackson Wilson, PC), Lawrenceville, for other party; Rusi Patel, (Georgia Municipal Association, Inc.), Atlanta, Larry Ramsey, (ACCG), Atlanta, G. Scheuer, (Assistant General Counsel), Atlanta, Keith Blackwell, (Alston & Bird LLP), Atlanta, for AM.
    Case Number: A22A0834

    Court affirms several orders in favor of County and against City in a dispute over collection of funds for road maintenance and water utility services